BROWN v. TESLA, INC. Document 1: Document

Superior Court of California, County of Alameda
Case No. 21CV004029
Filed December 14, 2021

Complaint Filed by: Alize Brown (Plaintiff) As to: Tesla, Inc. (Defendant)

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351 California Street, Suite San Francisco, CA Telephone: (415) 434-
;
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Facsimile: (415) 434-WILLIAM C. JHAVERI-WEEKS (SBN 289984)
wjw@jhaveriweeks.com
ALLY N. GIROUARD (SBN 336625)
ag@jhaveriweeks.com
THE JHAVERI-WEEKS FIRM
351 California Street, Suite San Francisco, CA Telephone: (415) 463-
Facsimile: (415) 367-Attorneys for Plaintiff
Alize Brown
SUPERIOR
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DAVID A. LOWE (SBN 178811)
dal@rezlaw.com
MEGHAN F. LOISEL (SBN 291400)
mfl@rezlaw.com
RUDY, EXELROD, ZIEFF & LOWE, LLP
COURT
FOR
STATE
OF CALIFORNIA
OF ALAMEDA
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Se [C\
COMPLAINT
FOR DAMAGES
VS.
TESLA, INC. WHICH WILL DO BUSINESS
IN CALIFORNIA AS TESLA MOTORS.
INC..
a Delaware Corporation; and DOES
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through 20, inclusive,
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Case No.
Plaintiff,
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Defendants. .
COMPLAINT
FOR DAMAGES
FOR JURY TRIAL
9
Page 2 _—
Alize Brown complains and alleges as follows:
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NATURE OF THE CASE
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Although Tesla publicly claims that it fosters a safe and respectful environment
for its workers,’ the truth is that for years Tesla has subjected women working in its Fremont
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heart of the progressive San Francisco Bay Area. The pervasive culture of sexual harassment,
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which includes a daily barrage of sexist language and behavior, including frequent groping on the
factory floor, is known to supervisors and managers and often perpetrated by them.
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resembles a crude, archaic construction site or frat house than a cutting-edge company in the
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plant to nightmarish conditions of rampant sexual harassment. Tesla’s factory floor more
2.
Alize Brown was 21 years old and had a three-month-old baby when she started
working the night shift in Tesla’s Fremont factory.
day.
A man in her area began harassing her every
He would call her a “cow” when her breast-milk stained her shirt, and say “oh, I see you’re
milking today”; he referred to her back-side as her “wagon,” saying “Oh, I see that wagon back
there today,” and he commented on her figure (“You're looking thick today.”).
When she told
her Supervisor (a man who frequently looked her body up and down) that she was being harassed
and asked if he would talk to the harasser, he treated it like a joke and told her to go back to
work.
She went out and bought a baggy jumpsuit to avoid comments from her harasser and
others about her figure. and every chance she could. she requested to be given jobs that would
take her away from the area where her harasser worked.
Working with her harasser was like
living a nightmare, but she worked hard because it was COVID and she needed the job to support
her new baby.
After three months, her Supervisor to whom she had complained told her that she
was being let go because her contract was not being renewed.
At her request, another Supervisor
looked her up in the system, and told her that there was an entry saying she was being terminated
for being away from her work-station too much.
In other-words. the Supervisor who had ignored
her request for protection from her harasser fired her because she took on tasks in other areas to
try to escape her harasser.
' Tesla, Inc. 2020 10-K Report to the Securities and Exchange Commission at pp. 12-13.
https://www.sec.gov/Archives/edgar/data/1 3 1 8605/00015645902 1004599/tsla10k_20201231.htm
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COMPLAINT
FOR DAMAGES
Page 3 bY
Ms. Brown brings this action to hold Tesla accountable for the harm it has caused
her, and in hopes that Tesla that will put a stop to the unsafe, hostile work environment harming
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women
at its Fremont factory.
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of November 2020 until approximately the end of January 2021. She resides in Hayward,
California.
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Plaintiff Alize Brown was employed by Tesla from approximately the beginning
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(“Tesla” or “Defendant”), is a Delaware Corporation with its principal place of business in
California.
6.
1 through 20,
to Plaintiff, who
therefore sues said Defendants by fictitious names pursuant to California Code of Civil Procedure
section 474.
Does
Plaintiff will amend this Complaint to show such true names and capacities of
| through 20, inclusive, when they have been determined.
VENUE AND JURISDICTION
Venue is proper in this Court under California Code of Civil Procedure § 395.
because Plaintiffs employment was performed in this county and because the legal violations
alleged herein took place in this county.
8.
Venue is also proper in this Court under California Government Code § 12965(b)
because Defendant committed the unlawful practices alleged herein in this county.
9.
This Court has general jurisdiction to adjudicate this unlimited civil case, in which
the total amount in controversy, exclusive of interest and costs, exceeds $75,000.
10.
This Court has jurisdiction to adjudicate Plaintiff's claims under-+he Fair
Employment and Housing Act pursuant to California Government Code § 12965(b).
This Court has personal jurisdiction over Defendant because Defendant employed
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Plaintiffat Defendant's place of business located in this county, and because Defendant's acts
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The true names and capacities of Defendants named herein as Does
inclusive, whether individual, corporate, associate or otherwise are unknown
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Defendant Tesla, Inc. Which Will Do Business In California As Tesla Motors, Inc.
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allegedly giving rise to liability occurred in this county.
COMPLAINT
FOR
DAMAGES
Page 4 =
PROCEDURAL ALLEGATIONS
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on December 13, 2021. Plaintiff obtained a notice of Right-to-Sue on the same date prior to
filing this lawsuit.
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Fair Employment and Housing against Defendant for discrimination, harassment, and retaliation
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Prior to filing this Complaint, Plaintiff filed a complaint with the Department of
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FACTS COMMON TO ALL CAUSES OF ACTION
beginning of November 2020 working on the factory floor in Fremont.
castings department alongside a male employee named Carl. At the time, she was 21 years old,
She was placed in the
and had given birth three months earlier. She worked the 12-hour night shift.
14.
Carl began following Ms. Brown to the bathroom.
Soon after that, he started
making comments about her breast-feeding, often referring to her as a “cow,” or saying that she
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like “I see you're milking today.”
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a part, he would grab the same part.
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inappropriate comments and looks.
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and otherwise ignore him and try to remain professional.
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When her breast-milk leaked and showed through her shirt, he would say things
her she was looking “hella thick.” she went out and bought a bulky jumpsuit so her figure would
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was “milking.”
not be visible.
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Tesla hired Ms. Brown through a third-party staffing agency in approximately the
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she could cope with.
When she went to grab
For twelve hours at a time, he would bother her with
She would give him dirty looks in response to his comments,
When he looked at her body and told
Ms. Brown thought she could just ignore the behavior, but it became more than
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inappropriate comments to me.
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him?”
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Ms. Brown's body up and down in a sexual way. making it uncomfortable to complain to him in ~
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the first place.
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comments were — he did not take her seriously.
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She approached her Supervisor. Daniel Grey, and told him “Carl is saying very
a baby to support — so she went back to work and tried to bear it.
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He would look her body up and down.
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I’m feeling uncomfortable.
Mr. Grey brushed it offas if it were a joke.
He told her to get back to work.
Can you maybe say something to
Mr. Grey himself had a habit of looking -
He never asked what the inappropriate”
She needed the job— it was COVID and she had

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COMPLAINT
FOR
DAMAGES
Page 5 DY
which she was, but then Carl moved there as well and continued harassing her. Whenever the
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machine in castings was down, rather than stand around all night and listen to Carl’s comments,
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she would ask her Supervisor to send her to other parts of the factory where she could be
productive.
Other men would comment regularly on Ms. Brown’s figure or would flirt with
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“Clearly whatever man you’re with doesn’t care about you because you’re working.”
tired of these comments that she would respond “We’re not at a party, we’re here to work,” or
“Oh, wow, you're beautiful,” and “Are you single?” and
She got so
“I’m not here to flirt with you — I would like you to leave me alone.” The comments continued.
18.
worker who reeked of liquor would follow her to her car, asking if he could have a ride with her.
She would walk very fast and try to lose him before going to where her car was parked.
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When she finished her shift at 5:00 a.m. and walked to her car, one male co-
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other shift, she heard comments like:
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her as she walked through the factory. It was like working in a prison. Approximately every
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Ms. Brown asked to be moved to a different section of castings to escape Carl,
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was being let go. This made no sense to her, because she had not been on a short-term contract,
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and she had just spoken to her recruiter at the staffing company, who had said nothing about this.
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system and said the records said she was being terminated for being away from her workstation
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too often.
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about anyone else in her area, despite the fact that she was being harassed, breast-pumping, and
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recovering from giving birth. Yet she was the one who had been let go.
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women who responded favorably to flirtations from Supervisors and Leads were able to move up
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After several months, Mr. Grey told Ms. Brown that her contract was up, and she
or were rewarded in other ways, while those who did not. like her, were treated less favorably or
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terminated.
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She asked another Supervisor if he knew why she was being let go, and he looked her up in the
She had been a harder worker than just
Her impression was that
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The behavior that Ms. Brown experienced made her feel depressed, ashamed,
angry, anxious. afraid, and uncomfortable, both at work and outside of work.
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Ms. Brown felt like she had been robbed.
//
COMPLAINT FOR DAMAGES
Page 6 —_
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(Sexual Harassment in Violation of FEHA, Gov. Code §§ 12940 et seq.)
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FIRST CAUSE OF ACTION
21.
Plaintiff hereby incorporates by reference the previous paragraphs as if fully set
forth herein and alleges as follows:
22.
Ms. Brown is a woman who was employed by Tesla. Although she was employed
through a staffing company, Tesla was her joint employer.
She spent all of her work time at
Tesla’s facility, where she was supervised by a Tesla employee who ignored her complaints of
being harassed, and where Tesla controlled the working conditions.
23.
Ms. Brown was subjected to severe and pervasive harassing conduct from her
supervisor and colleagues because she is a woman.
24.
As detailed above, this severe, pervasive, and harassing conduct included near-
daily obscene comments and catcalls of an objectifying, demeaning, and sexual nature, and
unwanted attempts by her Supervisor to touch her back-side.
25.
Ms. Brown’s circumstances constituted a hostile work environment.
26.
The sexual advances and comments directed to Ms. Brown were unwelcome.
27.
Tesla is strictly liable for the sexual harassment because it was ratified by Tesla’s
Supervisor, who had authority to direct Ms. Brown's work activities, evaluate her performance,
and discipline her.
28.
Tesla knew or should have known of the rampant sexual harassment directed at
Ms. Brown because the behavior was known to her Supervisor and was generally known to and
tolerated by Tesla.
29.
Yet Tesla failed to take immediate and appropriate corrective action.
As a direct. foreseeable, and proximate result of Tesla’s unlawful actions,
Ms. Brown has suffered pain and suffering and continues to suffer severe emotional distress,
including shame, anxiety, embarrassment, stress, and indignity, all to her damage in an amount to
be proven at the time of trial.
30.
Tesla committed the aforementioned acts despicably, maliciously, and willfully,
with the wrongful intention of injuring Ms. Brown, from an improper and evil motive amounting
to malice, and in conscious disregard of her rights and safety.
COMPLAINT FOR DAMAGES
Tesla managing agents were on
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notice of and ratified the offending conduct.
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damages from Tesla in an amount according to proof.
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(Failure to Prevent Sexual Harassment in Violation of FEHA, Gov. Code § 12940(k))
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SECOND CAUSE OF ACTION
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Ms. Brown is thus entitled to recover punitive
31.
Plaintiff hereby incorporates by reference the previous paragraphs as if fully set
32.
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workplace.
34.
Tesla knew or should have known of the rampant sexual harassment in its
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including shame, anxiety, embarrassment. stress, and indignity, all to her damage in an amount to
be proven at the time of trial.
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with the wrongful intention of injuring Ms. Brown, from an improper and evil motive amounting
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Tesla committed the aforementioned acts despicably, maliciously, and willfully,
to malice, and in conscious disregard of her rights and safety.
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notice of and ratified the offending conduct.
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Ms. Brown has suffered pain and suffering and continues to suffer severe emotional distress,
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As a direct, foreseeable, and proximate result of Tesla’s unlawful actions,
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Tesla failed to take immediate preventative and corrective steps reasonably
calculated to prevent the sexual harassment of Ms. Brown.
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forth herein and alleges as follows:
damages from Tesla in an amount according to proof.
Tesla managing agents were on
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(Discrimination in Violation of FEHA, Gov. Code §§ 12940 et seq.)
36.
Plaintiff hereby incorporates by reference the previous paragraphs as if fully set
forth herein and alleges as follows:
Under California Government Code § 12940. it is an unlawful employment
practice for an employer to discharge an employee or to discriminate against an employee in
terms, conditions, or privileges of employment. —
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THIRD CAUSE OF ACTION
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Ms. Brown is thus entitled to recover punitive
38.
of her sex.
Tesla discriminated against Plaintiff by subjecting her to working conditions to
which men were not subjected — including the above-described unlawful treatment — based upon
COMPLAINT
FOR DAMAGES
Page 8 =
Plaintiff was denied terms and privileges granted to men — i.e., a workplace free of sex-
motivated negative treatment.
39.
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Ms. Brown sought out work assignments that would take her away from her
harasser. Tesla then fired her for being away from her workstation so often. This was an
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her sex.
unlawful, discriminatory termination because of her sex.
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Ms. Brown has suffered economic loss, pain and suffering and severe emotional distress,
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As a direct, foreseeable, and proximate result of Tesla’s unlawful actions,
including shame, anxiety, embarrassment, stress, and indignity, all to her damage in an amount to
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be proven at the time of trial.
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41.
Tesla committed the aforementioned acts despicably, maliciously, and willfully,
with the wrongful intention of injuring Ms. Brown, from an improper and evil motive amounting
to malice, and in conscious disregard of her rights and safety. Tesla managing agents were on
notice of and ratified the offending conduct.
Ms. Brown is thus entitled to recover punitive
damages from Tesla in an amount according to proof.
FOURTH CAUSE OF ACTION
(Retaliation in Violation of FEHA, Gov. Code § 12940(h))
42.
Plaintiff hereby incorporates by reference the previous paragraphs as if fully set
forth herein and alleges as follows:
43.
FEHA makes it unlawful for an employer to discriminate against a person because
she has opposed practices that are unlawful under the FEHA.
44.
Asset forth above, Ms. Brown engaged in protected activity by opposing and
reporting complaints of sexual harassment and discrimination to her Supervisor.
Ms. Brown also
repeatedly rebuffed the sexual advances or invitations and made it clear that she objected to thisinappropriate conduct.
45.
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| The conduct that Ms. Brown reported. complained of. and objected to constituted
unlawful sexual harassment and discrimination under the FEHA.
///
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COMPLAINT FOR DAMAGES
.
Page 9 =
Ms. Brown was retaliated against in various ways.
that were afforded to women who did not object to Supervisors’ sexual advances and flirtations.
work in other areas. This negatively affected her conditions of employment, ability to succeed in
her job, and prospects for career advancement.
it, Tesla ultimately terminated her.
48.
Because she was sexually harassed and opposed
As a direct, foreseeable, and proximate result of Tesla’s unlawful actions,
Ms. Brown has suffered physical injury, pain, and suffering and continues to suffer severe
emotional distress, including shame, anxiety, embarrassment, stress, and indignity, all to her
damage in an amount to be proven at the time of trial.
49.
Tesla committed the aforementioned acts despicably, maliciously, and willfully,
with the wrongful intention of injuring Ms. Brown, from an improper and evil motive amounting
to malice, and in conscious disregard of her rights and safety. Tesla managing agents were on
notice of and ratified the offending conduct.
Ms. Brown is thus entitled to recover punitive
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(Wrongful Termination in Violation of Public Policy against Defendant Tesla)
50.
Plaintiff hereby incorporates by reference the previous paragraphs as if fully set
forth herein and alleges as follows:
State of California embodied by FEHA that employers shall not discriminate against or harass
employees on the basis of sex or retaliate against employees for opposing discrimination or
harassment.
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As a direct. foreseeable, and proximate result
of Tesla’s unlawful actions, Ms.
Brown has suffered physical injury, pain.and suffering and continues to suffer severe emotional
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52.
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distress, including shame, anxiety, embarrassment, stress, and indignity, all to her damage in an
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— Tesla’s termination of Ms. Brown violated the fundamental public policy of the
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FIFTH CAUSE OF ACTION
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damages from Tesla in an amount according to proof.
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Ms. Brown’s complaint was ignored, so she tried to protect herself by requesting
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47.
She was denied certain privileges and benefits
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After making these complaints and objecting to the above inappropriate conduct,
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amount to be proven at the time of trial.
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COMPLAINT FOR DAMAGES
Page 10 YP
with the wrongful intention of injuring Ms. Brown, from an improper and evil motive amounting
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to malice, and in conscious disregard of her rights and safety. Tesla’s managing agents were on
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Tesla committed the aforementioned acts despicably, maliciously, and willfully,
notice of and ratified the offending conduct.
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damages from Tesla in an amount according to proof.
Ms. Brown is thus entitled to recover punitive
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WHEREFORE,
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PRAYER FOR RELIEF
I.
Ms. Brown prays for judgment against Tesla as follows:
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For punitive damages as allowed by law;
3.
For an award to Ms. Brown of costs of suit incurred herein and reasonable
4.
For prejudgment interest and post-judgment interest permitted by law; and
5.
For an award of such other and further relief as the Court deems just and proper.
DATED:
December 14,
Respectfully submitted,
RUDY,
EXELROD, ZIEFF & LOWE,
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DAVID ‘Ac:LOWE
MEGHAN F. LOISEL
THE JHAVERI-WEEKS
Attorneys
for Plaintiff Alize Brown
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attorneys’ fees:
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emotional distress;
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but not limited to, salary and bonus wages), equity, fringe benefits, future lost earnings, and
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For compensatory damages, including but not limited to, lost back pay (including,
COMPLAINT
FOR
DAMAGES
LLP
Page 11 FOR JURY TRIAL
Plaintiff hereby demands a trial by jury on all causes of action and/or issues so triable.
DATED:
December 14,
Respectfully submitted,
RUDY, EXELROD, ZIEFF & LOWE, LLP
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DEMAND
THE JHAVERI-WEEKS FIRM
WILLIAM C. JHAVERI-WEEKS
ALLY N. GIROUARD
Attorneys for Plaintiff Alize Brown
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MEGHAN EF. LOISEL
COMPLAINT FOR DAMAGES
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